Source
r/PartneredYoutube•
ILoveMonkeyD

What is covered under fair usage? Can you use clips from other youtube videos?

What is allowed in terms of taking clips from other youtube channels?

What if it's for brief quotes or outtakes (whether to criticize, agree, laugh, etc.) from other youtube channels videos?

Is there a link that outlines what is permissable?

Does this change if you monetize? What if you only monetize partially (no full ads, but the skippables? or the small popup ads?)?

Just looking to find out more - appreciate any advice

Posted Jun 26, 2016, 12:58 AM UTC

27
TechSolomon•

This might help: https://www.youtube.com/yt/copyright/fair-use.html

2
ILoveMonkeyDOP•

Very helpful - I really appreciate it. I wish they were more specific about why their video examples are used (they only give like a sentence explanation and gloss over any detail), but the links at the bottom at very helpful in understanding.

Thanks for the link!

1
Freakazette•

I'm going to leave this and this for you to read when you have time. It's like an overview and the four factors, from the Standford site.

But to answer your last question, while monetization is a factor that is considered, it isn't a deciding one. Basically, something is fair use or it isn't whether or not money is being made. It would basically only throw out a claim that something's use is fair because it's personal use - you don't make money on personal use.

I am not a lawyer, but I did take classes in this.

2
ILoveMonkeyDOP•

Thank you for the links. I've just read through quite a few pages on fair use and it seems like it depends on the intent and overall usage.

I appreciate the help and links - sounds to me like it's just something to be cautious about and not push too fair, but that in general using clips and excerpts is okay with full intent to create new, original material as long as it goes beyond the original clip(s) and doesn't completely depend on the original clip(s).

2
Freakazette•

That about sums it up.

Unless it's a parody. Like, you can use the best parts if it is a commentary on the original. But it has to be a commentary on the original, and not just a style parody.

Sorry, I just actually like talking about this stuff a lot. I once made a video comparing Fine Bros to Jinx and explaining why one is probably fine under fair use while the other one wasn't. I want to make another fair use video, but I haven't thought of the topic yet.

2
ILoveMonkeyDOP•

Well, I'm wondering about criticism a lot.

Can I throw out a totally theoretical scenario? Let's say I used another youtuber's video and:

  • Took small clips from it to make criticism (kind of like Jon Stewart used to do, but maybe more factual based rather than laugh based)

  • The small clips I took happened to have low-volume copyright music in the background (maybe the original video's maker paid for it)

Are there other concerns? As long as you're adding (by valid criticism) and furthering the topics in the clips (going beyond the original), isn't that generally alright?

1
Freakazette•

Yeah, that's generally okay. That background music is a gray area, but I know news can use copyrighted music if it's part of what they're reporting on. You should be okay, but be cautious.

2